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I had 2 fails within a week on my interlock device. Should I be afraid that my temp. license will be revoked?

Raleigh, NC |

Called Monitech after each fail & was given a override code to avoid having to take my vehicle to a Monitech facility. I had to pay $30.00 for each override & was told I do not have to report to Monitech until my schedule calibration appointment in 2 weeks. What can I expect at my next appointment with Monitech? Talked to several people & have been reading forums that say there is a good chance my license or interlock will be revoked. Any advice would be very helpful. Both of the fails I received were in the morning when I was trying to get to work. Locked out both times for 45 mins. before retest was available. I did have a cold at the time & was taking medicine the night before. Thanks in advance for any insight/help. This whole ordeal is really stressing me out.

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Attorney answers 3

Posted

You should be concerned. I tell my clients to have a journal documenting everything they have eaten on the failed dates or have put into their mouth, such as cigarettes. I would hire a lawyer who can get a copy of all the readings that are downloaded from your device.
You will get a letter from DMV that is time sensitive in which you need to request a hearing ASAP. I have had clients fail from eating a cliff bar to a hamburger. If it is a morning fail find out if it is something dental hygeine related. Do not write anything down at Monitech that states anything about ingesting alcohol the night before. Speak to an attorney before you go to Monitech. I recommend John Fanney or Cole Williams in the Raleigh area.

Jason Minnicozzi

Jason Minnicozzi

Posted

I concur with Mr. Mcgee. It is imperative that you contact an experienced attorney in the Raleigh area.

Posted

Yes, you should be concerned. Although these devices can have a misread, a fail is considered a violation of the inter-lock agreement, and 2 fails double the issue. As you are probably aware, many cold medicines have alcohol in them. Not sure if you are also on probation, but people do get revoke for consuming cold medicine that has alcohol because they are prohibited from consuming alcohol.

Marijuana is against federal law. Federal law supersedes state law. A person could be charged and convicted for marijuana related crimes such as possession, cultivation, distribution, manufacturing, transportation, and conspiracy.

Posted

I agree with the other attorneys that you could be facing some relatively serious consequences. I also strongly suggest that you call your attorney if you had one, and hire one if you do not.
You can use avvo to find a couple who practice in your area, most of whom will offer free consultations. Give them a call, explain your situtation in detail, and hire the one whom you feel will do the best. Good luck.

Jasen Nielsen
California DUI Attorney
805dui.com